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Formalist textualism holds that the usual meaning of a legal instrument should serve as the main foundation for interpreting it. When making interpretation determinations, it does not consider non-textual factors such as the objectives of legislators when they enacted the law, the issue it was intended to address, or significant concerns about the fairness or integrity of the legislation when making the determination. As a matter of constitutional interpretation, non-textualism is a concept that holds that all statements made in the constitution should be treated with the same weight as if they were written by a human being rather than a machine. Although this view holds that the constitution stays unchanged from the time of its passage till the present day, it argues that the interpretation of its provisions may be amended. While this approach differs from the notion of the Living Constitution, which holds that the constitution should be read in the context of current times and political identities, even if such interpretation is at odds with prior interpretations, it differs from the notion of the constitution. It is critical to distinguish between originalism and rigorous constructionism if we talk about originalism.
It is believed that disallowing married individuals from using contraceptives reduces the likelihood of people participating in illegal sexual relationships, hence aiding the state’s anti-illicit relationship position until there is adequate proof to the contrary. In this respect, neither state courts nor the state’s legal counsel has provided any explanations or reasons for their actions before the judicial bar. For this reason, people feel that setting extensive restrictions on usage is the best approach to identify those engaged in a banned connection or to prevent such use from happening for any other purpose than that stated in the assumptions (Warden, 2018). As a consequence of placing restrictions on hormonal contraceptives during the marriage, the urge to use them in adulterous relationships would lessen or disappear altogether.
Couples will adhere to their marital restriction, regardless of whether it is enforced, but they will not comply with criminal prohibitions against extramarital relationships or the anti-use statute about illicit sexual encounters, according to this line of thinking. Even though it has not been proven, this presumption intrudes into the private lives of married couples. Imposing extensive restrictions to get the intended outcome has little benefits in attaining the desired goal, particularly in the current environment setting. Similar to the broad anti-use law presently under question, the case would be determined similarly. It would have the same efficacy or ineffectiveness if introduced legislation confined its use to persons involved in illegal relationships. It is the conclusion I have reached due to the overwhelming evidence. This statute, in my view, breaches the fundamental rights of married couples since it deprives them of their liberty without providing them with an opportunity to have their voices heard in court.
Neither the United States Constitution nor the Bill of Rights expressly recognizes the freedom of people to organize their political organizations or associations. The freedom of parents to send their children to any school of their choosing, whether public, private, or parochial, is not mentioned in the United States Constitution, which is a major source of confusion (Warden, 2018). Even in the United States, everyone does not have equal access to opportunities for specialization in a particular academic field, such as foreign language studies. Although the First Amendment is designed to protect some of these rights, this has not proven the case in most instances.
It is deemed unconstitutional under the first eight amendments of the constitution when a fundamental right to privacy in marriage is violated. Because the first eight amendments of the constitution do not guarantee this right, the Ninth Amendment is ignored, and the Ninth Amendment has no effect when this right is violated. According to Justice Black, it is conceivable to restrict or extend the scope of a constitutionally protected right in several ways, including by substituting other phrases for those that are more or less particular in their meaning, depending on the context in which the right is being discussed.
Connecticut has had a restriction on contraception since 1879, which I believe should serve as the foundation for this approach. The goal of this piece of legislation, in my view, is peculiar. When examining the legislation in today’s situation, it is evident that it will not be applied in its current form. For philosophical reasons, contraception in a married partnership should be left to the individual’s moral, ethical, and religious views rather than the government. Women should have access to competent information on birth control methods to make informed decisions about their reproductive health and well-being. There is a matter of social policy at stake in this situation. No matter how ineffective a piece of legislation is, the primary concern is whether it should have been approved in the first place. Petitions have been filed to get a ruling that the constitution is being violated.
Reference
Warden, D. (2018). The Ninth Cause: Using the Ninth Amendment as a Cause of Action to Cure Incongruence in Current Civil Rights Litigation Law. Wayne L. Rev., 64, 403.
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